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20 year old son not working not in school - can i impute this " gift" income to my ex

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  • 20 year old son not working not in school - can i impute this " gift" income to my ex

    Unfortunately our 20 year old son is neither working nor graduated high school. And it doesn’t look like he has any intention of doing either in the near future. He has no disabilities (unless laziness is now a dysfunction).

    I understand that I am not responsible to him from a CS perspective but he is living with my ex, rent / board free with use of her car!

    Can I not impute the market value of this “gift” into my ex’s income for purposes of CS/SS? On a conservative basis room/board and use of car must be worth at least $1000/month or $12,000 year.

    Is there actual court ruling for this scenario? If so please post the corresponding law and or comments.

  • #2
    Can you explain a little more what you feel is a 'gift'? I don't understand what you're refering to.

    Comment


    • #3
      I understand that I am not responsible to him from a CS perspective but he is living with my ex, rent / board free with use of her car!
      Why is this a bad thing?

      Can I not impute the market value of this “gift” into my ex’s income for purposes of CS/SS?
      She is not receiving anything. She is putting up your son for less than market value of rent.

      On a conservative basis room/board and use of car must be worth at least $1000/month or $12,000 year.
      If she is giving away this amount - in other words, the exchange is a loss for her - then the natural argument would be for it to reduce her income.

      Please consider the logic behind this. You ex is taking care of your son - for whom you do not have a child support obligation - and you wish to reduce spousal support to her because she is taking care of a dependent?

      Comment


      • #4
        Hmmmm, just reviewing your older posts and you claim to have two YOUNG children, 9 and 5 years old....?

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        • #5
          Yes I do have two younger children who I pay CS based on scale. I guess I am thinking it's not fair two the younger kids that the 20 year old is taking from them. Is there a legal solution to this or just let it ride!

          OL makes some valid points but if it does reduce her income then she will go after me for more CS/SS? So really my ex should be charging rent/board.

          Comment


          • #6
            It's not up to you how your ex chooses to spend her money, even if some or ALL of it is CS & SS.

            She could go out and buy the kids a new and expensive toy every single day, you still have no right to expect that it would be added to her 'income'. That's just a dumb a non-sensical concept.

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            • #7
              Hey my 31 yr old lives with me. He eats my food, uses water etc. Ya think I can get something off my ex for this? By the way he's really, really lazy. I do his laundry so do you think I can get some support from his father for this?

              Yeah right.

              Comment


              • #8
                Originally posted by arabian View Post
                Hey my 31 yr old lives with me. He eats my food, uses water etc. Ya think I can get something off my ex for this? By the way he's really, really lazy. I do his laundry so do you think I can get some support from his father for this?

                Yeah right.
                Did you ever receive child support Arabian? or was your son older when you and your ex split?

                I can see my ex having our kids live with her well in to their 20's just for the child support money.

                Comment


                • #9
                  Originally posted by knackered View Post
                  I can see my ex having our kids live with her well in to their 20's just for the child support money.
                  The flaw potentially in your argument you present is that a "child of the marriage" over the age of 18 does not qualify for "child support" in accordance with the Rules (laws) unless they are registered for post secondary education... Your own topic for this message thread defeats your own argument (and/or fear?) that the other parent will try to leverage this "child of the marriage" living with her to get child support.

                  When the facts are applied (your facts btw) a "20 year old son not working not in school" would not qualify for support under the Child Support Guide Lines so one would question why you are even raising something that cannot happen under the Rules and implying that it would happen. It can't... (if what you are saying is in fact "true")

                  Good Luck!
                  Tayken

                  Comment


                  • #10
                    No child support - I've only been divorced for 2 yrs thank goodness. I am so grateful I didn't have to go through the child custody battle. The whole CS thing seems quite complex. It must be terrible to be tied to one's ex.... having to put up with all the nonsense with pick-up times, etc.

                    I used to golf with a girl who had major CS from her ex who was a personal injury lawyer. She received 14,000.00/month until they were 21. She managed to maintain a good relationship throughout the years with her ex.

                    Comment


                    • #11
                      Originally posted by arabian View Post
                      I used to golf with a girl who had major CS from her ex who was a personal injury lawyer. She received 14,000.00/month until they were 21. She managed to maintain a good relationship throughout the years with her ex.
                      Actually, the CS (14,000) was the right of the children and not the receiving parent just to clarify. Furthermore, as a solicitor the CS paying parent probably realized this and didn't bother disputing it as the CS Guide Lines are governed by law unlike SS guide lines which are really truly "guide lines".

                      Comment


                      • #12
                        Interesting. Well her kids went to excellent private schools and have all done quite well for themselves as young adults. Only thing my friend ever said about her SS was that she picked up some pretty good shares in things. Ah, how some people live !!!

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                        • #13
                          Originally posted by Tayken View Post
                          The flaw potentially in your argument you present is that a "child of the marriage" over the age of 18 does not qualify for "child support" in accordance with the Rules (laws) unless they are registered for post secondary education... Your own topic for this message thread defeats your own argument (and/or fear?) that the other parent will try to leverage this "child of the marriage" living with her to get child support.

                          When the facts are applied (your facts btw) a "20 year old son not working not in school" would not qualify for support under the Child Support Guide Lines so one would question why you are even raising something that cannot happen under the Rules and implying that it would happen. It can't... (if what you are saying is in fact "true")

                          Good Luck!
                          Tayken

                          So what age is child support supposed to stop, if the children don't continue on with school? 18?

                          I'm sure I've read posts on here before of other support payors complaining that their children are over 18, not in school, and still living with the custodial parent, collecting child support.

                          It's something that I could see my ex doing....and the only way to stop it is to file a motion right?

                          Comment


                          • #14
                            Originally posted by knackered View Post
                            I'm sure I've read posts on here before of other support payors complaining that their children are over 18, not in school, and still living with the custodial parent, collecting child support.
                            I know the fact that the parents are split up makes a big difference, but a together couple with a child who will not go to school, get a job or move out still both support the child by virtue of all living in the same home. And both created the child with that attitude of entitlement.

                            So a split up couple with a child doing the same thing at one home ends up with one parent stopping the child support and the other parent suddenly bearing all the economic impact of the freeloader? (Leave out cases where the residential parent is encouraging this behaviour so as to maintain child support) Just seems like one parent must suffer a setback while the other one benefits by being able to cease child support, an unfairness that wouldn't happen if they were still together.

                            Comment


                            • #15
                              Originally posted by Tayken View Post
                              Actually, the CS (14,000) was the right of the children and not the receiving parent just to clarify. Furthermore, as a solicitor the CS paying parent probably realized this and didn't bother disputing it as the CS Guide Lines are governed by law unlike SS guide lines which are really truly "guide lines".
                              Child support being the right of the children is a joke in my case. My ex received over $12,000 "for the children" last year, and our children have absolutely nothing to show for it.

                              My GF just bought them shoes because they kept coming with shoes too small for them. During winter, my son said to me "Mommy told me to ask you to buy us new coats"
                              (Where is my child support going?) Ex also makes $60,000 a year employment income. She is not struggling financially at all.

                              After paying child support, I am able to pay our $900 rent, and that's it. My Gf pays the other bills(heat, hydro, car, food), and we live pay cheque to pay cheque.

                              I should be able to afford it based on the guidelines though right??? Well not when the ex got the house (I didn't get a cent out of it). So I was negative $70,000 right then(I paid down payment and mortgage for 3 years solely, she never contributed a cent to that bill). She also collected above guideline child support from me during that time, and then contacted FRO, lying, saying I had never paid...scammed me out of $4,000 that way...which I've bitched about numerous times here...it's hard when someone succeeds at what she has.....I can never get to a stable financial point....everytime it seems like I will, ex finds something else to bill me for!

                              Comment

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